2007 Rule 89

89. Proceedings started under section 46(3) by a person other than the proprietor

Rule 88 | Index | Rule 90

(1) An application by a person other than the proprietor to the comptroller under section 46(3)(a) or (b) must be-

  • (a) made on Patents Form 2; and
  • (b) accompanied by two copies of the draft of the licence he proposes should be granted.

(2) The comptroller must notify the proprietor of the patent that an application has been made.

(3) The comptroller must send a copy of the draft licence with the notification.

(4) In the notification, the comptroller must specify a period within which the proprietor may file a statement of grounds.

(5) The proprietor must file a statement of grounds in accordance with rule 76(4); otherwise he shall be treated as supporting the applicant's case.

(6) Proceedings shall continue under this Part as if they had been started under rule 76(1) and for those purposes the proprietor shall be "the claimant" and the applicant shall be "the defendant".

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